Dr. Sudisht Kumar @ Sudisht Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2753 of 2019 In Civil Writ Jurisdiction Case No.8518 of 2011 ====================================================== Dr. Sudisht Kumar @ Sudisht Kumar Suman S/o Late Kameshwar Prasad Yadav Resident of Village and P.O.- Sahugarh 2 Tola Bhagwanpur, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri K. K. Pathak S/o not known The Commissioner-cum-Secretary, Higher Education Department, Govt. of Bihar, Patna 3.

The Bhupendra Narayan Mandal University Laloo Nagar, Madhepura through its Registrar Dr. Kapildeo Yadav son of not known 4.

Dr. Awadh Kishore Prasad Rai S/o not known Vice Chancellor, Bhupendra Narayan Mandal University Laloo Nagar, Madhepura 5.

Dr. Kapildeo Yadav S/o not known The Registrar, Bhupendra Narayan Mandal University Laloo Nagar, Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Kumar Praveen, Advocate For the State :

Mr. Vinay Kumar Mishra, AC to AAG-15 For the University :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 19-08-2025 Heard learned counsel for the parties.

2. This contempt petition has been filed alleging violation of the order dated 19.06.2018 passed in C.W.J.C. No. 8518 of 2011, whereby in paragraph Nos. 4 and 5 thereof the following orders have been passed :

"4. Learned counsel submits that similarly circumstanced one Dr. Ashok Kumar Singh has been paid the remuneration/salary and as such the

Patna High Court MJC No.2753 of 2019(6) dt.19-08-2025 2/3 University has no difficulty in considering the payment to the petitioner on the basis of work rendered by the petitioner.

5. The factual enquiry as to the claim of the petitioner whether the petitioner has worked or not is to be completed by the respondent University within a period of three months from today and if it is found that the petitioner has not been paid remuneration, and the petitioner has actually worked, the respondent University will ensure payment of such remuneration after verification of the record and calculation of remuneration."

3. Opposite Party Nos. 3 to 5 have filed the show cause, wherein, in paragraph Nos. 4 and 5 it has been stated as under:

"4. That it is respectfully stated and submitted that the claim of the petitioner has been settled on 08.01.2021 on the basis of the decision taken by the Finance Committee of the University in its meeting held on 17.12.2019, on the basis of the available records and the calculation of Remuneration at the rate, prevailing during the period, the petitioner had worked. The claim of other Ad-hoc teachers was also redressed simultaneously, along with the petitioner and all of them are satisfied with the

Patna High Court MJC No.2753 of 2019(6) dt.19-08-2025 3/3 payment made to them. The petitioner has been paid Rs.248500/-.

5. That it is further stated and submitted that so far, the payments made to Dr. Ashok Kumar Singh is concerned, he had rendered service from 10.06.2002 to 01.10.2007, whereas, the petitioner had worked from 11.02.2004 to 01.10.2007, which shows that Dr. Ashok Kumar Singh had worked for a longer period, than the petitioner. Further the University has instructed the Principal of the College to examine the payments made to Dr.

Ashok Kumar Singh and recover the excess payment made to him, if any."

4. On perusal of paragraph Nos. 4 and 5 of the show cause filed by the Opposite Party Nos. 3 to 5, I find that the order dated 19.06.2018 passed in C.W.J.C. No. 8518 of 2011 has been complied with by the Opposite Parties.

5. Accordingly, the contempt petition stands closed and disposed off.

(Nani Tagia, J) Narendra/- U